Re:U.S. Lawmaker Defends Imprisoning Hostile Bloggers
by anigbrowl on Friday May 08, 2009 @01:18PM
(#599930)
I'm tired of these overwrwought comparisons. The legislation certainly needs work (which is the point of committee and congressional votes), but there is a qualitative difference between writing '(public figure) is a doofus!' and '(private individual) is an evil person who strangles kittens' and conducting a campaign of character assassination.
At present, one can leverage the internet for unfounded personal attacks to a far greater extent than the law provides remedies to defend against them. Our libel and slander laws are written for a simpler age where publication carried an implication of editorial control. You're probably not going to find civil remedies adequate if someone has already falsely identified you as a child molestor for the lulz, say.
Re:U.S. Lawmaker Defends Imprisoning Hostile Bloggers
by ajju on Friday May 08, 2009 @01:38PM
(#599958)
You're right, but the solution is to fix the laws so that they are applicable to the Internet age. If the OP is right, this law would have the effect of removing the "beyond a reasonable doubt" clause, at least for these types of alleged crimes. You seriously don't want things to go that far because this would be far easier to misuse.
In the end, you have to decide whether not letting someone get away with libel is worth potentially putting innocent people in prison.
http://www.wired.com/threatlevel/2009/05/prosecutors-seek-th...
Even though the jury did not find her guilty of the charges filed against her, they claim there's a legal precedent to sentence her anyway. The argument is that the jury's decision only means that there is "doubt" as to their guilt. But the constitution expressly says that someone has to be proven guilty "beyond a reasonable doubt" in order to be convicted (Ammendments V and XIV).
Both the prosecutors in that case and the proponents of this bill are on some very thin legal ice. As good as their explanation of why this bill is necessary to prevent cyber-bullying is, I fail to see the difference between the bill itself and Nazi Germany burning books. Blogging has become one of the most crucial forms of communication in our society.